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City ownership would extinguish nonconforming uses on Monmouth block, staff says
Summary
Staff told commissioners Kentucky statute would immediately extinguish nonconforming uses when the city takes title, meaning the two adult-entertainment facilities on the block would close; staff cited distance-from-school rules and a previous court case used as precedent.
Staff explained zoning and legal consequences tied to the acquisition: under the statute cited, nonconforming uses would be extinguished when the city takes ownership, which staff said would end the adult-entertainment operations on the properties.
"Kentucky statute dictates as soon as the city takes ownership of these properties, it immediately extinguishes the nonconforming uses that are contained therein," the presenter said, and noted that distance restrictions from schools and churches in the city's CBD zoning would prevent those uses from reopening under city ownership. The presenter also referenced the court case Bright Lights v. City of Newport as a cited precedent in related legal challenges.
Commissioners asked staff to consider reuse and preservation — the presenter said staff will attempt to preserve historic signage and will solicit community input through the RFP process. No demolition or final reuse decision was mandated at the meeting; staff repeatedly emphasized the city is not acting as a long-term landlord but intends to move properties into private development through the RFP.
Provenance: staff's zoning and legal comments and case citation were made during the presentation and repeated in discussion.
